If you have a debt of RM5,000.00 or less owed to you, you have the right to initiate a civil action against the debtor to claim back the amount owed. This process is called a small claims action and it is done through the Magistrates Court pursuant to Order 93 of the...

This article examines the recent Court of Appeal judgment in Obnet Sdn Bhd v Telekom Malaysia Berhad (7 September 2018, Civil Appeal No. W-02(NCC)(A)-1698-08/2017) which dealt with the issue of a party applying to the High Court for discovery, in aid of a pending...

“Can you prove the actual losses suffered by the company?” That was my first question to our Company-client intending to file an action for damages against their employee for breach of duties and negligence. In every claim for damages, there are always two folds to...

Section 38(1)(a) of the Insolvency Act 1967 (“Act“) prohibits a bankrupt from pursuing legal action without prior sanction from the Director General of Insolvency. One of the reasons behind this law is to help ensure that a party who wishes to commence a...

The strength of your case depends on what evidence you have to substantiate your claims. Discovery applications are often used by litigants to enable them to obtain documents which are relevant to their case, but are in the possession, custody or power of their...

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